Citation Nr: 18159016 Decision Date: 12/18/18 Archive Date: 12/18/18 DOCKET NO. 13-14 904 DATE: December 18, 2018 REMANDED Entitlement to service connection for a right arm disability is remanded. REASONS FOR REMAND The Veteran had active military service from August 1970 to August 1972. He and his wife testified before the Board at an April 2015 hearing conducted via videoconference. A transcript of the hearing is included in the claims file. The issue of entitlement to service connection for a shoulder disability has previously been referred to the Agency of Original Jurisdiction (AOJ), but has yet to be adjudicated in the first instance. Therefore, the Board does not have jurisdiction over it, and it is again referred to the AOJ for appropriate action. 38 C.F.R. § 19.9(b). This case was previously before the Board in June 2018, at which time the appeal was remanded to the AOJ for further development. Unfortunately, another remand is required in the instant appeal. Specifically, a July 2018 VA examination and medical opinion did not conform to the Board’s remand instructions and, therefore, is inadequate for the purposes of determining service connection. In this regard, in addressing whether the Veteran has been diagnosed with a chronic right arm disability at any point during the appeal period, the VA examiner focused solely on the range of motion of the right elbow. There was no discussion regarding claimed scarring, nor was there discussion of a previous right carpal tunnel surgery or arthritis of the right elbow. As such, another VA examination is required. See generally Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran claims service connection for residuals of a right arm injury, including but not limited to scarring, as related to his in-service fall. A March 2010 statement by Dr. G.E.P. indicates the Veteran has developed arthritis of the right elbow. However, the basis for this statement is unclear, as it did not refer to any diagnostic testing that provided such a diagnosis. On remand, the Veteran may submit any medical evidence in his possession which may provide a basis for a diagnosis of arthritis of the right elbow and/or arm. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA examination to address the nature and etiology of any right arm disability. The entire claims file, including this REMAND, must be provided to the examiner for review, and the examination report should reflect such a review was accomplished. All pertinent symptomatology and findings should be reported in detail. Any diagnostic testing and studies, including but not limited to radiological testing, should be accomplished. Following a review of the claims file and physical examination of the Veteran, the examiner is to address the following: (a.) Identify all current right arm disabilities, specifically commenting on arthritis of the right elbow, carpal tunnel syndrome or residuals thereof, and scarring of the right arm. (b.) For each disability identified, opine as to whether it is at least as likely as not (probability of at least 50 percent) that such disability began in service, was caused by service, or is otherwise etiologically related to the Veteran’s active duty, to specifically include an approximate 25-30 foot fall. The examiner must provide a complete rationale for any opinion offered. 2. The Veteran is to be notified that it is his responsibility to report for the examination and to cooperate in the development of his claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. In the event the Veteran does not report for the examination, documentation should be obtained which shows that notice scheduling the examination was sent to the Veteran’s last known address. It should also be indicated whether any notice that was sent was returned as undeliverable. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christopher Murray, Counsel